Trademark registration guide: Spain

Spain is the fourth-largest economy in the eurozone and a major gateway to both European and Latin American markets, given its deep linguistic and cultural ties to over 20 countries in the Americas. With a population of nearly 48 million consumers, a booming tourism sector, and a rapidly growing tech and startup scene, Spain offers substantial commercial opportunity across a wide range of industries.

Spain is also a member of the European Union, meaning businesses can alternatively seek EU-wide trademark protection through the EUIPO with a single application. However, a national Spanish trademark can be a more cost-effective and targeted solution for companies focused specifically on the Spanish market.

The government body responsible for trademark registration in Spain is the Spanish Patent and Trademark Office (Oficina Española de Patentes y Marcas, OEPM). Applications can be submitted directly to the OEPM or through the competent body of any Autonomous Community, which then forwards them to the OEPM.

Spain is a "First-to-File" jurisdiction, meaning trademark rights are granted to the first entity to file an application. Importantly, the OEPM does not proactively refuse an application on the basis of conflicting earlier rights - it is the responsibility of the owners of prior trademarks to file oppositions during the published opposition period.

According to our experience, the processing time from filing to registration in Spain is approximately 5 to 10 months in the case of a smooth registration procedure with no objections or opposition.

Fees for trademark application in Spain:

Any individual or legal entity may register a trademark in Spain, either acting directly or through a registered Intellectual Property Agent or authorized representative. Individuals or companies not domiciled or established in the European Economic Area must be represented by a locally registered Intellectual Property Agent.

For a trademark to be eligible for registration, it must be capable of distinguishing the goods or services of one business from those of others. Spain's trademark system is closely aligned with EU law and allows registration of a broad range of mark types. A mark cannot be registered if it falls under absolute grounds for refusal, such as being purely descriptive, generic, or contrary to public order.

Before filing, it is strongly recommended to search the OEPM's trademark database, the EUIPO's EU trademark register, and the WIPO's international database for any earlier marks that could give rise to opposition.

Applications can be filed online via the OEPM's e-Office or in person at an OEPM office or Autonomous Community body. The application must include details of the trademark, the applicant's information, and the list of goods or services under the Nice Classification.

After filing, the OEPM will:

Formal examination

The OEPM checks the application for compliance with formal requirements. If any deficiencies are found, the applicant is notified and given an opportunity to correct them.

Publication and notification to prior rights holders

If the application passes formal checks, it is published in the Official Industrial Property Gazette (BOPI). The OEPM also carries out an electronic search for earlier rights that may be incompatible with the application and notifies their owners - though it will not refuse the application itself on those grounds.

Opposition period

Third parties have two months from the date of publication to file an opposition, either on absolute grounds (open to any party) or on relative grounds based on earlier rights. The applicant then has one month to respond to any opposition filed.

Substantive examination (absolute grounds)

Once the opposition period closes, the OEPM checks whether the trademark falls under any absolute grounds for refusal under Spain's Trademark Act (Law 17/2001).

Registration

If the application passes all checks and no valid opposition has been filed, the OEPM issues the Trademark Registration Certificate.

After publication, there is a two-month period during which any party may file an opposition. The applicant then has one month (extendable in some cases) to submit a response. The OEPM issues a decision; this can be contested through an administrative appeal within one month of publication of the decision.

Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case. 

Cost: The fee for filing an opposition is €38. Additional costs may arise if legal representation is needed.

A Spanish trademark is protected for 10 years from the filing date, renewable an unlimited number of times for further 10-year periods. Renewal should be requested within six months before the expiry date, with a six-month grace period after expiry available upon payment of a surcharge.

Online renewal of trademark registration in Spain, including one class: €150 Euro (second & consecutive classes: €100) 

When it comes to filing your trademark application in Spain, there are three main paths: going through WIPO (Madrid System), filing directly, or using a dedicated service like Trama.

WIPO allows you to file a single application that can cover multiple countries. However, it's built around your "home" trademark - if that original application is rejected or withdrawn within the first five years, all the international filings linked to it are automatically canceled. You also have to choose from a limited list of goods and services, which often don't fully capture what your business offers. That limitation alone can lead to weaker protection and more conflicts down the line. Lastly, if any trademark office raises an objection against your application, you'll need to hire a local attorney yourself to resolve the issue.

Direct filing, on the other hand, avoids the dependency on your home trademark and gives you full flexibility in how you define your products or services. But it's also more expensive and time-consuming if you're targeting more than a few markets, since each country requires a separate application.

That's where Trama steps in with a smarter, more flexible solution. We tailor each trademark strategy by combining both WIPO and direct filing, based on what works best for your business. Need protection in countries not covered by WIPO? We file direct. Only targeting a few markets? We avoid the WIPO base fee entirely. Want help with objections? Our network of local attorneys is always just a click away.

In short: Trama gives you the best of both worlds - global coverage, cost efficiency, strong protection, and expert support - without the compromises of doing it alone. Find out more about filing your trademark through Trama.